Chandigarh
(I-Haryana News): There is a world famous proverb from English writer
Shakespeare‘s play, “The Tragedy of Julius Caesar that, “Caesar's wife
must be above suspicion” which means the person holding high public
office should keep his or her integrity high in public eyes so that
people in large could follow his rulings without any doubts, but this
noble roman saying for responsible and all respectable public
authorities have not been followed in the State of Haryana.
After
recent DLF-Vadra and other land deals scams reported in media and well
defended by Mr. T C Gupta, the Intelligent Haryana News Research team
decided to work on Roman axiom mentioned above in Haryana Government
Town and country planning department responsible for all alleged land
developments projects approval in Haryana.
The
Julius Caesar of this high profile revenue earning department for all
concerned along with government, means Director General of Town and
country planning is the highest public authority of this department and
all works and orders are issued in under his official seal including
Change in Land Use certificates popularly called CLU, nowadays the most
talked word in Haryana political circle.
At,
present when recent DLF-Vadra land controversies erupted; an IAS
officer of 1987 batch, Mr. Trilok Chand Gupta is heading this department
as Director General who has joined this department on 17/06/2010.
IHN
Team sent email questionnaire to him on section 14(2) and 14(3) of THE
ALL INDIA SERVICES (CONDUCT) RULES, 1968 which make mandatory for every
All India service Officer (IAS) to follow these rules while discharging
his or her duty as a public authority. Section“14(2) says, “No member
of the service shall make or permit any member of his family or any
person acting on his behalf to make, any investment which is likely to
embarrass or influence him in the discharge of his official duties. For
this purpose, any purchase of shares from out of the quotas reserved for
Directors or their friends and associates shall be deemed to be an
investment which is likely to embarrass the Government Servant.
Further
section says, “14 (3) If any question arises whether any transaction is
of the nature referred to in sub-rule (1) or sub-rule (2), it shall be
referred to the Government for its decision.”
Following
is the sent e-mail to Mr. Gupta on November 2, 2012 at 8:56 AM with
subject “Questionnaire on obeying AIS (Conduct) Rules 1968 while
discharging duty of DG, TCP, Haryana.”
Following
the Journalism ethics to give equal options to both sides of news, we
are seeking following questions from your good self: As you know, THE
ALL INDIA SERVICES (CONDUCT) RULES, 1968 section 14(2) says, “No member
of the service shall make or permit any member of his family or any
person acting on his behalf to make, any investment which is likely to
embarrass or influence him in the discharge of his official duties. For
this purpose, any purchase of shares from out of the quotas reserved for
Directors or their friends and associates shall be deemed to be an
investment which is likely to embarrass the Government Servant.
Further
section says, “14 (3) If any question arises whether any transaction is
of the nature referred to in sub-rule (1) or sub-rule (2), it shall be
referred to the Government for its decision.”
1.
As mentioned above in sections of AIS Rules 1968, We would like to ask
that did you or any members of your family have invested money in
purchasing any flat/ plot/commercial site/industrial plot in projects
developed by the companies to whom you as director General of the Town
and Country Planning department had granted licenses to develop
housing/commercial projects, if yes then detail of the same, like source
of money, payment mode, cheque number and date of cheque or electronic
fund transfer details etc?
2.
Also, you are requested to share, did you sought prior permission from
Government to purchase the flat/ plot/commercial site/industrial plot in
projects developed by the companies to whom you as director General of
the Town and Country Planning department had granted licenses to develop
housing/commercial projects as prescribed in the AIS (Conduct) Rules,
1968, if yes then supply us the copy (if possible) of the same and in
case of not, the reason thereof.
So,
you are requested to send your response by 5 pm November 3, 2012
otherwise it will deemed that you are not interested in putting your
side in our research news story.”
It
is mention worthy that we received response of our questionnaire from
Mr. T C Gupta on same day, i.e. November 2, 2012 at 1:28 PM, and we sent
our thanks from our research team for his quick answer to our queries.
Following is the response we received:
“With
reference to your questionnaire, it is informed that neither I nor any
member of my family as defined in the All India Services (Conduct)
Rules, 1968 has invested any money in purchasing any
flat/plot/commercial site/ industrial plot in projects developed by the
companies to whom I as Director General of Town & Country Planning
Department has granted licences to develop housing/commercial projects.
Therefore, the question of seeking prior permission from Government in
this regard does not arise.”
This
is the one side of our research Story further when we analyzed annual
property statements submitted by Mr. Trilok Chand Gupta for year 2010
and 2011 with government of India that confirmed following facts:
As
per annual property statement for year 2010 the copy of this is with
IHN, Mr. Trilok Chand Gupta owns two properties in his name as on
January 1, 2011, and it is mention worthy that Mr. Gupta joined Haryana
Town and Country planning department on 17/06/2010 and this statement of
his immovable properties was filed just six months after he assumed
charge of Director General of this most lucrative department.
•
A HUDA plot number 292-SP measuring 1.5 kanal in Sector 45, Gurgaon
which he acquired through HUDA draw of lots in 2000 and had paid Rs
47,65,431/-till date
•
The statement confirmed that Mr.Gupta has membership in The Punjab
IAS-PCS Officers Co-operative Housing Society in Mohali, where he has
already paid Rs 27, 37,706/- and yet to get flat.
Mr.
Gupta filed his second property statement for year 2011 while working
as Director General of Town and Country Planning, which confirmed
addition of two immoveable properties in his kitty as on January 1,
2012.
•
Firstly, Mr. Gupta stated in his property statement for the year 2011
that he has made agreement to sell of his Plot no 292, sector 45,
Gurgaon, mentioned above with New Delhi based company Kathuria Special
Steels Rolling Mills Private limited @ of Rs 85000/- per square yard and
had taken Rs two crore on account of part sale consideration on
13.12.2011, whose Director Mr. Subhash Chander Kathuria also remained
Director of Parasnath Developers and Mr. Trilok Chand Gupta has granted
licences to Parasnath Developer as Director General of Town and Country
planning, Haryana.
And
also Mr. Subhash Chander Kathuria have directorships of following real
estate companies Ramnika Estates (P)Limited, Geetanjali Properties
(P)Limited; Himalaya Estates (P)Limited, and Navin Vikas Construction
Private Limited having commercial interests in Haryana.
It
is very strange that the company who has made agreement to purchase
with Mr. T C Gupta while doing so and paid Rs two crore as part payment
for purchase, was in process of merging itself into another company
named SYNERGY GLOBAL STEEL PRIVATE LIMITED for this Scheme of
Amalgamation of two companies Delhi High Court on August 31, 2012
allowed this.
•
Secondly, Mr. Gupta has stated in his annual property return for year
2011 that he his wife have paid Rs three lakh installment for his
membership of The Punjab IAS-PCS Officers Co-operative Housing Society
in Mohali, where he has already paid Rs 27, 37,706/- and yet to get
flat.
•
Thirdly he mentioned a flat number 802, Block A in HEWO Scheme-II,GH-2,
Sector 6, Mansa Devi Complex, Panchkula owned in Mr. Gupta and his
wife name and deposited Rs 50,39338/-( Fifty Lakh thirty nine thousands
three hundred thirty three only
In
this property when IHN investigated found that Mr. Gupta was allotted
this flat by HUDA Employees Welfare Organization(HEWO) during the his
tenure as Chief Administrator, Haryana Urban Development Authority w.e.f
30/03/2007 to 08/06/2009.
HEWO
is registered society for welfare of HUDA’s employees, where Mr. Gupta
was shown that he was in deputation in HUDA and treated as its employee
and allotted Super Deluxe category flat as there is legacy in HEWO to
allot such flats to IAS officers and some HCS officers posted in Haryana
Urban Development Authority included Mr. Gupta by showing all of them
as deputationists for best reasons known to HEWO Functionaries,
depriving home-less low paid HUDA employees as compare to these senior
Bureaucrats, who have already number of properties in their kitties.
•
fourthly, Mr. Gupta in his property statement for year 2011 stated that
he purchased ground floor of 135-B, Gautam Nagar, New Delhi measuring
133.78 square meters area for Rs thirteen lakh and also spent Rs 78000/-
in shape of stamp duty to registered the same in his name in August
2010.
Regarding,
this property IHN Investigation revealed that Mr. Gupta has not
disclosed the name of Seller from whom he has purchased the said
property, as he had to state in column 6 of prescribed form mentioned in
All India Service( Conduct) Rules 1968.
Further,
the above mentioned property located in Gautam Nagar, New Delhi has
fetched Mr. Gupta, the rental income Rs 793500/-(Rs seven lakh ninety
three thousand and five hundred only) in just 12 months, means, Mr.
Gupta, who has also qualification of Chartered Accountant has invested
so precisely and intelligently that he got back nearly 58 percent of his
investment in this property during first year.
IHN
Research Team talked to Mr. Ravi Sharma, a Prominent Lawyer of Punjab
and Haryana High Court on above issue, Mr. Sharma says, “Public servants
are expected to be well discipline, efficient and top honest to ensure
and maintain the high standard of administration as they posses certain
exceptional rights and privileges in view of their being necessary part
of the administrative machinery of the state.”
Further,
the High Court Lawyer, Mr. Sharma opined Apart of from disciplinary
action underAIS (Conduct) Rules 1968, section 165 of Indian penal code
provide special penalty of imprisonment term which may extend to three
years or with fine or with both. “When a public servant accepts or
obtains or agrees to accept or attempts to obtain. for himself, or for
any other person, any valuable things without consideration or for
consideration which he knows to be inadequate, from any person whom he
knows to have been, or to be ,or to be likely to be concerned in any
proceeding or business transacted, or about to be transacted by such
public servant, or having any connection with the official functions of
himself or of any public servant to whom he is subordinate; or from any
person whom he knows to be interested in or related to the person so
concerned.”
Dinesh Singh Rawat says:
Julius Caesar wife Pompeia hosted the festival of the Bona Dea ("good goddess"), which no man was permitted to attend, in this house. However a young patrician named Publius Clodius Pulcher managed to gain admittance disguised as a woman, apparently for the purpose of seducing Pompeia. He was caught and prosecuted for sacrilege.
Caesar gave no evidence against Clodius at his trial, and he was acquitted. Nevertheless, Caesar divorced Pompeia, saying that "my wife ought not even to be under suspicion."[4] This gave rise to a proverb, sometimes expressed: "Caesar's wife must be above suspicion"
This a mantra for India's most of recent political and other scams and problems, that first hed should have to keep itself clean than whole of body will itself mind its way of healthly life.
